Suva lawyer Devanesh Sharma asserted that the Magistrates Court is empowered to interpret constitutional issues under the 2013 Constitution. He made this claim during a court session concerning former Prime Minister Voreqe Bainimarama, former Attorney-General Aiyaz Sayed-Khaiyum, and former Health Minister Dr. Neil Sharma.
The case was presented before Resident Magistrate Sufia Hamza. Sharma explained that according to sections 44(6) and 99(7) of the Constitution, the court possesses the authority to address constitutional issues but may also choose to transfer the case to the High Court.
The three individuals are currently facing multiple charges including abuse of office, obstructing justice, and breach of trust related to alleged transactions from 2011. Specifically, they are accused of not adhering to the statutory requirements outlined in the 2010 Procurement Regulations.
Dr. Sharma faces two counts each of abuse of office and breach of trust. Sayed-Khaiyum is charged with one count of abuse of office and one count of obstructing justice, while Bainimarama faces one count of abuse of office.
Magistrate Hamza highlighted that the central issue in this motion pertains to the jurisdiction related to the validity of the charges and the appointments made by the Office of the Director of Public Prosecutions. The court has adjourned the matter until January 23, 2025.